St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-11-22
INTERSTATE.
Decisions in Railway Cases i'm the
Northwest

Northwest.
WASHINGTON, Nov. 21.-The inter
state commerce commission to-day de-
cided the case of E. B. Raymond against
the Chicago, Milwaukee & st. Paul
Railway company. The complaint was
that the company had established rates
on branch line, unreasonable high.
and diverted business to towns on the
main line. The answer of the company
was that the branch line rates were rea-
sOnable, but that it had been compelled
by competition to make rates too low on
the main line. A synopsis of the opin-
ION by Commissioner Morrison is as fol-
lows:
'.Whe the act to regulate commerce
took effect, the grain and flour rate to
Chicago from Minneapolis, Red Wing
and Lake City, on the main line of the
chicago, Milwaukee 81 st. Paul railway,
was ID cents per 100 pounds, and from
Mazeppa, a station on the narrow gauge
Dranch OF said road, it was II cents.
w hen these. rates have been reduced to
~ cents and 1219 cents, the commission
will not, upon the evidence offered
by a comparison between them,
declare 1215 cents from Mazeppa
an unreasonable and unlawful rate
under the first section of said act.
Rates and charges not unreasonably
high OF themselves can be SO adjusted
III their relations tOeach other as to give
undue preference and produce the I'M
reasonable advantage which the third
section of the act to regulate commerce
makes unlawful. If a railway company.
In establishing charges on different
divisions and branches of its road, SO
adjusts them so as to divert trade and
business to one locality, which natur-
ally, under an equitable adjustment of
charges, would go to another. such
preference and disadvantage to another.
is not excused or made lawful by the
fact that some of such charges ale not
entirely voluntary, butreSult from COM
petition between carriers. In the adj
Justment of the reduced rates, Mazeppa
which had been 2centS, is cents higher
than Its rlvalS-a difference sufficient
to divert some of its legitimate business,
and the railroad is directed to reduce
this difference to 21S cents by reducing
the MaZeppa rate from 121s cents to 10
centS.''
In the case of the Manufacturers and
Jobbers' Union of Mankato, Mimi,
against the Minneapolis & st. Louis
railway, an agreement was reached be-
tween the parties after the hearing and
before the opinion was announced, and
the commission files its opinion treating
this as settlement without promulgat-
ing Its finding on the facts proved.
THE STANDARD OIL CASES.
The interstate commerce commission
erS to-day began the hearing of the COM
plants in the Standard oil cases. These
are the complaints of George Rice. of
Marietta. o., against number of rail-
roads, alleging against some discrimina-
lions in favor of the Standard Oil COM
pany against other violations of the long
and short haul provisions and against
all unreasonable and unjust rates. The
complaint against the Louisville 81 Nash
vile was read in full, and the points
wherein it differed from the others were
explained by Judge Loomis verbally.
The reply of the Louisville d Nashville
was also read. A general denial is
made OF unreasonable charges and VIC
lations OF the long and short haul pro-
vision, and the alleged discrimination
IS explained upon the theory that the
Standard Oil company furnishes its own
tank cars, while complainant ships in
barrels in the company's cars, thereby
creating substantial difference of cir
cumstanceS and conditions. The case
having thus been stated upon both sides,
counsel for cOmplainantS began reading
dispositions. In his deposition Virgil
Powers, commissioner of the Southern
Railway and Steamship association. in
substance testified to the belief that the
rate per 100 pounds should be the same
whether the Oil is carried in
tanks or barrels. His further
testimony tended to show that
tank cars recorded as of given capacity
in reality were much larger. Fifty-one
20 ;nI L.l
showed an aggregate capacity of 44,000
pounds more than the recorded capacity
upon which charges were based. II. r.
Payne, of Cleveland, O., assistant mana
ger OF the Union Tank line. was sworn,
and his examination consumed the
afternoon session. 1t was developed
that he had been subp9naed to bring
certain books and papers showing the
capacities of all the cars of his COM
pany, but, under advice, he had not
brought them. He was prepared, how
ever, to show by statement gotten up
by Mr.. Page, of the Standard Oil COM
pany, of Kentucky, the capacities of all
the cars operating south of the Ohio,
which statement witness had checked
Off and found correct. Counsel for COM
plainant was indisposed to submit to
this, but the matter was left in abey-
ance for the present. Witness testified
that the Union Tank line cars were
owned by the Standard Oil company, of
Ohio. He could not testify whether the
Union Tank Jine was corporation or
not, or whether it was owned and
operated entirely by the Standard Oil
company, of Ohio. Some railroads paid
mileage on the tank caIs and some did
not. He was not prepared to state
definitely what lines did or did not, nor
what circumstances influence the mat
ter. The Union Tank line owned about
5000 cars. The other tank car COM
panies of the country owned over 1900,
including the Green line, whose cars
number over LOO.